Dismissed¶32

Rajaiah v. M B Devaraj

Karnataka HC4 Dec 2025WP/15759/2024

Case brief

AI extract

What is this about?

Dismissal for non-prosecution; non-compliance of office objections; writ petition under Article 227 Constitution of India; GM-CPC; Karnataka High Court Bengaluru; S Vishwajith Shetty; Section 33 Karnataka Stamp Act; O.S. No. 330/2021; Civil Judge and JMFC Arakagudu/Arakalagud; order dated 19/02/2024; peremptory order dated 27.11.2025; no representation by counsel Yatheesh S.D; petitioners Rajaiah s/o Bommayya and Honnamma w/o Rajayya of Santhemaruru Village, Hassan District; respondent M.B. Devaraj s/o Bommayya.

What did the court decide?

Since office objections were not complied with despite the peremptory order of 27.11.2025 granting a final week's time, and since there was no representation on behalf of the petitioners, the Court had no other option but to dismiss the writ petition for non-prosecution. ¶32

Rajaiah Vs M B Devaraj — Writ and Judicial Review | Karnataka HC (2025)

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NC: 2025:KHC:50901 WP No. 15759 of 2024

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF DECEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 15759 OF 2024 (GM-CPC)

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BETWEEN:

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RAJAIAH S/O BOMMAYYA AGED ABOUT 63 YEARS.

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HONNAMMA W/O RAJAYYA.

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BOHT ARE SAME ADDRESS SANTHEMARURU VILLAGE DODDAMAGGE HOBLI ARAKALAGUDU TALUK HASSAN DISTRICT - 573 102.

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…PETITIONERS

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(BY SRI YATHEESH S.D, ADV., -ABSENT)

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AND:

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Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA

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M.B. DEVARAJ S/O BOMMAYYA AGED ABOUT 47 YEARS SANTHEMARURU VILLAGE DODDAMAGGE HOBLI ARAKALAGUDU TALUKU HASSAN DISTRICT - 573 102.

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…RESPONDENT

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THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ORDER DATED 19/02/2024 PASSED BY THE CIVIL JUDGE AND JMFC, ARAKAGUDU OS NO. 330/2021 ON IA FILED BY THE PETITIONER UNDER SECTION 33 OF KARNATAKA STAMP ACT, (ANNEXURE-A AND B).

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:50901 WP No. 15759 of 2024

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

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ORAL ORDER

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Matter called twice. There is no representation on behalf of the petitioners. On 27.11.2025, this Court has passed the following order:-

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"Matter is listed for the 7^th time before this Court for non-compliance of office objections.

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There is no representation on behalf of the petitioner. Though this Court is not inclined to grant further time to comply office objections, by way of indulgence, finally a week's time is granted to comply office objections.

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It is made clear that by the next date of hearing, if the office objections are not complied, the petition shall be dismissed for non-compliance of office objections.

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List this petition on 04.12.2025. "

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In spite of the aforesaid order, office objections are not complied with and there is no representation on behalf of the petitioners. In view of the aforesaid peremptory order passed by this Court, this Court has no other option but to dismiss the

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NC: 2025:KHC:50901 WP No. 15759 of 2024

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HC-KAR

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petition for non-prosecution. Accordingly, the petition is dismissed for non-prosecution.

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Sd/(S VISHWAJITH SHETTY) JUDGE

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List No.: 1 Sl No.: 17